Davonport Blog

OUR TERMS

1. DEFINITIONS
   1. When the following words with capital letters are used in these Terms, this is what they will mean:
      1. "Event Outside Our Control:" is defined in clause 11.2;
      2. "Goods: "the goods that We are selling to you as set out in the Order;
      3. "Order: "your order for the Goods pursuant to our quotation;
      4. "Terms: "the terms and conditions set out in this document; and
      5. "We/Our/Us: Davonport Limited (registered in England and Wales under number 08092997 whose registered office is at Davonport House, Peartree Road, Stanway, Colchester, Essex. CO3 0LQ.
      6. “Website”: Our Website at www.davonport.co.uk
   2. When We use the words "writing" or "written" in these Terms, this will include e-mail unless We say otherwise.
2. OUR CONTRACT WITH YOU
   1. These are the terms and conditions on which We supply Goods to you.
   2. Please ensure that you read these Terms carefully, and check that the details on the Order and in these Terms are complete and accurate, before you sign and submit the Order. If you think that there is a mistake or require any changes, please contact Us to discuss. We will confirm any changes in writing to avoid any confusion between you and Us.
   3. When you sign and submit the Order to Us, this does not mean We have accepted your order for Goods. Our acceptance of the Order will take place as described in clause 2.4. If We are unable to supply you with the Goods, We will inform you of this and We will not process the Order.
   4. These Terms will become binding on you and Us when We issue you with a written acceptance of an Order OR We contact you to confirm that We are able to provide you with the Goods, which We will confirm in writing to you, at which point a contract will come into existence between you and Us.
   5. We shall assign an order number to the Order and inform you of it when We confirm the Order. Please quote the order number in all subsequent correspondence with Us relating to the Order.
   6. Our Website, catalogue and brochure are solely for the promotion of Our Goods in the UK. Unfortunately, We do not accept orders from or deliver to addresses outside the UK.
   7. The images of the Goods on Our Website or in Our catalogue or brochures are for illustrative purposes only. Although We have made every effort to display the colours accurately, We cannot guarantee that your computer's display of the colours or the printed pictures accurately reflect the colour of the Goods. Your Goods may vary slightly from those images.
3. CHANGES TO ORDER OR TERMS
   1. We may revise these Terms from time to time in the following circumstances:
      1. changes in relevant laws and regulatory requirements; and
      2. changes to the method by which Goods are delivered or installed
      Our latest terms and conditions will always be accessible from Our Website.
   2. You may make a change to the Order for Goods at any time before We despatch the Goods by contacting Us, except in the case of made-to-measure Goods. Where this means a change in the total price of the Goods, We will notify you of the amended price in writing. You can choose to cancel the Order in accordance with clause 12.1 in these circumstances.
   3. If you wish to cancel an Order before it has been fulfilled, please see your right to do so in clause 12. In the case of made-to-measure Goods, unfortunately, because We make these Goods to your specific requirements, you will not be able to cancel an Order once it is made. If you do cancel an order for made-to-measure Goods we reserve the right to charge you for all the work done to the date of cancellation. We will also have to charge you a restocking charge equivalent to 25% of the value of the order if goods have to be returned to the manufacturer.
4. MADE-TO-MEASURE GOODS
   1. If We make the Goods according to the measurements you provide Us. Please make sure your measurements are correct and accurate. Unfortunately, We cannot accept the return of made-to-measure Goods if the reason for the return is because you provided Us with incorrect measurements. However, this will not affect your legal rights as a consumer in relation to made-to-measure Goods that are faulty or not as described. Advice about your legal rights is available at your local Citizen's Advice Bureau or Trading Standards office.
   2. In the event that We provide the measurements following a site visit by Our representative and these are later found to be inaccurate then We will accept return of the Goods for replacement by those with correct measurements.
   3. If the Goods are manufactured or any process is to be applied to the Goods by Us in accordance with a specification submitted by You, You will indemnify Us against all loss, damages, costs and expenses awarded against or incurred by Us in connection with, or paid or agreed to be paid by Us in settlement of, any claim for infringement of any patent, copyright, design, trademark or other industrial or intellectual property rights of any person which results from the Our use of Your specification.
5. DELIVERY OF GOODS
   1. Please note that timescales for delivery and delivery charges will vary depending on the availability of the Goods and your address. Unfortunately We do not accept orders from or deliver to addresses outside the UK.
   2. We will contact you with an estimated delivery date. Occasionally Our delivery to you may be affected by an Event Outside Our Control. See clause 11 for Our responsibilities when this happens.
   3. If you have asked to collect the Goods from Our premises, you can collect the Goods from Us at any time during Our working day.
   4. If no one is available at your address to take delivery, We will leave you a note that the Goods have been returned to Our premises, in which case, please contact us to rearrange delivery. In such circumstances we will have to charge you any additional costs which we incur in securing a second or further delivery.
   5. If We are not able to deliver the whole of the Order at one time due to operational reasons or shortage of stock, We will deliver the Order in instalments. We will not charge you extra delivery costs for this.
   6. Delivery of an Order shall be completed when We deliver the Goods to the address you gave Us and the Goods will be your responsibility from that time.
   7. You own the Goods once We have received payment in full.
6. IF THE GOODS ARE FAULTY
   As a consumer, you have legal rights in relation to Goods that are faulty or not as described. We are under a legal duty to supply Goods that are in conformity with this contract. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.
7. THIRD-PARTY MANUFACTURER'S GUARANTEE OF GOODS
   1. Certain of the Goods come with a manufacturer's guarantee. For details, please refer to the manufacturer's guarantee provided with the Goods.
   2. This guarantee is in addition to, and does not affect, your legal rights in relation to the Goods that are faulty or not as described.
8. OUR GUARANTEE OF GOODS
   1. subject to full payment for the Goods we guarantee that on delivery and for a period of 25 years from delivery, the Goods if manufactured by Us shall be free from material defects. Please note that the guarantee is against manufacturing defects in materials or workmanship and we cannot guarantee that: –
      1. there will be no change of colour on exterior appearances;
      2. the colour of the fabric will not change over time since this is dependent on storage conditions, natural light and other factors;
      3. that Goods made of solid wood will not season within the first 12 months after deliver as they adjust to temperature changes in the property and guarantee in this clause does not extend so as to indemnify you against this natural seasoning.
   2. The guarantee also does not apply in the circumstances described in clause 8.3.
   3. This guarantee does not apply to any defect in the Goods arising from:
      1. fair wear and tear;
      2. wilful damage, abnormal storage or working conditions, accident, negligence by you or by any third party;
      3. if you fail to operate or use the Goods in accordance with the user instructions;
      4. any alteration or repair by you or by a third party who is not one of Our authorised repairers or installers; and
      5. any specification provided by you.
   4. This guarantee is in addition to, and does not affect, your legal rights in relation to the Goods that are faulty or not as described.
9. PRICE AND PAYMENT
   1. The price of the Goods will be set out in Our price list in force at the time or in our quotation when we confirm your Order. Our prices may change at any time, but price changes will not affect Orders that We have confirmed with you.
   2. Subject to any special terms agreed in Writing between You and Us you will pay to Us a non-refundable deposit of £5,000 on the booking of a production slot and release of plans by Us. Half of the price of the Goods, less the deposit, shall be payable by You when we undertake Our final survey before manufacture and You will pay the balance of the price of the Goods 14 days prior to delivery. We will invoice You for the price of the Goods at any time before delivery of the Goods.
   3. The time of payment for the Goods shall be of the essence. Receipts for payment will be issued only upon request.
   4. If You fail to make payment on the due date then, without prejudice to any other right or remedy available to Us, We shall be entitled to:
      1. cancel the order or suspend any further deliveries to You;
      2. appropriate any payment made by You to such of the Goods (or the goods supplied under any other contract between You and Us) as We may think fit notwithstanding any proposed appropriation by You); and
      3. charge You interest (both before and after any judgment) on the amount unpaid, at the rate of four per cent per annum above the base rate from time to time charged by Lloyds TSB Bank plc, until payment is made in full (a part of a month being treated as a full month for the purpose of calculating interest).
   5. Our prices include VAT. However, if the rate of VAT changes between the date of the Order and the date of delivery or performance, We will adjust the rate of VAT that you pay, unless you have already paid for the Goods in full before the change in the rate of VAT takes effect.
   6. The prices for the Goods exclude delivery costs, which will be added to the total amount due.
   7. It is always possible that, despite Our best efforts, some of the Goods We sell may be incorrectly priced. We will normally check prices as part of Our despatch procedures so that, where the Goods' correct price is less than Our stated price, We will charge the lower amount when dispatching the Goods to you. If the Goods' correct price is higher than the price stated on Our Website or in any brochure, We will contact you to tell you and for your instructions. If the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, We do not have to provide the Goods to you at the incorrect (lower) price.
10. OUR LIABILITY TO YOU
    1. If We fail to comply with these Terms, We are responsible for loss or damage you suffer that is a foreseeable result of Our breach of the Terms or Our negligence, but We are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of Our breach or if it was contemplated by you and Us at the time we entered into this contract. We will never be responsible for any consequential losses.
    2. If We are installing the Goods in your property, We will make good any damage to your property caused by Us in the course of installation or performance. However, We are not responsible for the cost of repairing any pre-existing faults or damage to your property that We discover in the course of installation and/or performance by Us.
    3. We only supply the Goods for domestic and private use. You agree not to use the Goods for any commercial, business or re-sale purpose, and We have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
    4. We do not exclude or limit in any way Our liability for:
       1. death or personal injury caused by Our negligence or the negligence of Our employees, agents or subcontractors;
       2. fraud or fraudulent misrepresentation;
       3. breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
       4. breach of the terms implied by sections 13, 14 and 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and
       5. defective products under the Consumer Protection Act 1987.
11. EVENTS OUTSIDE OUR CONTROL
    1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of Our obligations under these Terms that is caused by an Event Outside Our Control.
    2. An Event Outside Our Control means any act or event beyond Our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks.
    3. If an Event Outside Our Control takes place that affects the performance of Our obligations under these Terms:
       1. We will contact you as soon as reasonably possible to notify you; and
       2. Our obligations under these Terms will be suspended and the time for performance of Our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects Our delivery of Goods to you, We will arrange a new delivery date with you after the Event Outside Our Control is over.
    4. You may cancel the contract if an Event Outside Our Control takes place and you no longer wish Us to provide the Goods. Please see your cancellation rights under clause 12. We will only cancel the contract if the Event Outside Our Control continues for longer than [NUMBER] weeks in accordance with Our cancellation rights in clause 12.
12. YOUR RIGHTS TO CANCEL AND APPLICABLE REFUND
    1. Before the Goods are delivered, you have the following rights to cancel an Order for Goods (other than made-to-measure Goods), including where you choose to cancel because We are affected by an Event Outside Our Control or We change these Terms under clause 3.1 to your material disadvantage:
       1. you may cancel any Order for Goods within 14 calendar days of placing an Order by contacting Us. We will confirm your cancellation in writing to you;
       2. if you cancel an Order under clause 12.1(a) and you have made any payment in advance for Goods that have not been delivered to you, We will refund these amounts to you and any delivery charges;
       3. unfortunately, if you cancel an Order for Goods under clause 12.1(a) and We have already despatched your Goods to you, We will not be able to cancel your Order until it is delivered. In this case, if you return the Goods to Us within 14 days of delivery, We will have to charge you the cost of collection or you will have to pay the cost of returning the Goods back to Us. This will not affect your refund for the Goods themselves, but we will not refund any charges for delivery and any charge for collection will be deducted from the refund that is due to you.
    2. Unfortunately, as the made-to-measure Goods are made to your requirements, you will not be able to cancel your Order once made (but this will not affect your legal rights as a consumer in relation to made-to-measure Goods that are faulty or not as described).
13. OUR RIGHTS TO CANCEL AND APPLICABLE REFUND
    1. We may have to cancel an Order before the Goods are delivered, due to an Event Outside Our Control or the unavailability of stock. If this happens:
       1. we will promptly contact you to let you know;
       2. if you have made any payment in advance for Goods that have not been delivered to you, We will refund these amounts to you;
       3. where We have already started work on your Order for made-to-measure Goods by the time We have to cancel under clause 13.1(a), We will not charge you anything and you will not have to make any payment to Us.
14. INFORMATION ABOUT US AND HOW TO CONTACT US
    1. We are a company registered in England and Wales. If you have any questions or if you have any complaints, please contact Us. You can contact Us by telephoning Our customer service team at 0845 468 0025 or by e-mailing Us at info@davonport.com.
    2. If you wish to contact Us in writing, or if any clause in these Terms requires you to give Us notice in writing (for example, to cancel the contract), you can send this to Us by e-mail, by hand, or by pre-paid post to Peartree Road, Stanway, Colchester, Essex CO3 OLQ. We will confirm receipt of this by contacting you in writing. If We have to contact you or give you notice in writing, We will do so by e-mail, by hand, or by pre-paid post to the address you provide to Us in the Order.
15. HOW WE MAY USE YOUR PERSONAL INFORMATION
    1. We will use the personal information you provide to Us to:
       1. provide the Goods;
       2. process your payment for such Goods; and
       3. inform you about similar products or services that We provide, but you may stop receiving these at any time by contacting Us.
    2. We will not give your personal data to any [other] third party.
16. OTHER IMPORTANT TERMS
    1. We may transfer Our rights and obligations under these Terms to another organisation, and We will always notify you in writing if this happens, but this will not affect your rights or Our obligations under these Terms.
    2. You may only transfer your rights or your obligations under these Terms to another person if We agree in writing.
    3. This contract is between you and Us. No other person shall have any rights to enforce any of its terms. However, the purchaser of your property will have the benefit of the guarantee at clause 7.1 if you transfer it to them, but We and you will not need their consent to cancel or make any changes to these Terms.
    4. Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
    5. If We fail to insist that you perform any of your obligations under these Terms, or if We do not enforce Our rights against you, or if We delay in doing so, that will not mean that We have waived Our rights against you and will not mean that you do not have to comply with those obligations. If We do waive a default by you, We will only do so in writing, and that will not mean that We will automatically waive any later default by you.
    6. These Terms are governed by English law. You and We both agree to submit to the non-exclusive jurisdiction of the English courts. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.